93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4504


 
Introduced 02/03/04, by James D. Brosnahan
 
SYNOPSIS AS INTRODUCED:
 		












730 ILCS 150/4
  from Ch. 38, par. 224




730 ILCS 150/5
  from Ch. 38, par. 225









    Amends the Sex Offender Registration Act.
Provides that the Department of Corrections, or the court in the case
of release of the sex offender or sexual predator on probation or release of
the sex offender or sexual predator upon
payment of a fine, shall contact the law enforcement agency having
jurisdiction where the sex offender or sexual predator has designated his or
her residence
upon release to verify that the sex offender or sexual predator has complied
with the
requirements of registration under the Act. Provides that if the
sex offender or sexual predator fails to register as required by the Act, a
warrant shall be
issued for the sex offender's or sexual predator's arrest.



















LRB093 18425 RLC 44133 b




















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 














HB4504

LRB093 18425 RLC 44133 b









1
    AN ACT in relation to sex offenders. 

 
2
    Be it enacted by the People of the State of Illinois, 
3
represented in the General Assembly: 


 
4
    Section 5. The Sex Offender Registration Act is amended by 
5
changing
Sections 4 and 5 as follows:


 
6
    (730 ILCS 150/4)  (from Ch. 38, par. 224)

7
    Sec. 4. Discharge of sex offender, as defined in Section 2 
8
of this Act,
or sexual predator from Department of
Corrections

9
facility or other penal institution; duties of
official in 
10
charge.


11
    (a) Any sex offender, as defined in Section 2 of this Act,

12
or sexual predator, as defined by this
Article, who
is 
13
discharged, paroled or released from a Department of

14
Corrections facility, a facility where such person was placed 
15
by the
Department of Corrections or another penal institution, 
16
and
whose liability for
registration has not terminated under 
17
Section 7 shall, prior to discharge,
parole or release from the 
18
facility or institution, be informed of his or her
duty to 
19
register in person within 10 days under this Article by the

20
facility or institution in which he or she was confined.
The 
21
facility or institution shall also inform any person who must 
22
register
that if he or she establishes a residence outside of 
23
the State of Illinois,
is employed outside of the State of 
24
Illinois, or attends school outside of
the
State of Illinois,

25
he
or she must register in the new state within 10 days after 
26
establishing
the
residence, beginning employment, or beginning 
27
school.


28
    The facility shall require the person to read and sign such 
29
form as may
be required by the Department of State Police 
30
stating that the duty to
register and the procedure for 
31
registration has been explained to him or her
and that he or 
32
she understands the duty to register and the procedure for

 


 









HB4504
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LRB093 18425 RLC 44133 b







1
registration.  The facility shall further advise the person in 
2
writing that the
failure to register or other violation of this 
3
Article shall result in
revocation of parole, mandatory 
4
supervised release or conditional release.
The facility shall 
5
obtain information about where the
person expects to reside, 
6
work, and attend school upon
his or her discharge, parole or 
7
release and shall report the information to the
Department of 
8
State Police.  The facility shall give one copy of the form
to 
9
the person and shall send one copy to each of the law 
10
enforcement agencies
having
jurisdiction where the person 
11
expects to reside, work, and attend school
upon his or her 
12
discharge,
parole or release and retain one copy for the files.

13
Electronic data files which includes all notification form 
14
information and
photographs of sex offenders being released 
15
from an Illinois Department of
Corrections facility will be 
16
shared on a regular basis as determined between
the Department 
17
of State Police and the Department of Corrections.


18
    (b) Within 15 days of release, the Department of 
19
Corrections shall contact
the law enforcement agency having 
20
jurisdiction where the sex offender or sexual
predator has

21
designated his or her residence upon release to verify that the

22
sex offender or sexual predator has complied with the 
23
requirements of
registration under this
Act. If the sex 
24
offender or sexual predator fails to register as required by

25
this Act, a
warrant shall be issued for the sex offender's or 
26
sexual predator's arrest.


27
(Source: P.A. 91-48, eff. 7-1-99; 92-828, eff. 8-22-02.)

 
28
    (730 ILCS 150/5)  (from Ch. 38, par. 225)

29
    Sec. 5. Release of sex offender, as defined in Section 2 of 
30
this Act, or
sexual predator; duties of the Court.


31
    (a) Any sex
offender, as defined in Section 2 of this Act, 
32
or sexual predator, as
defined by this Article, who is released 
33
on
probation or
discharged upon payment of a fine because of 
34
the commission of one of the
offenses defined in subsection (B) 
35
of Section 2 of this Article, shall, prior
to such release be 
 


 









HB4504
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LRB093 18425 RLC 44133 b







1
informed of his or her duty to register under this Article
by 
2
the Court in which he or she was convicted.  The Court shall 
3
also inform
any person who must register that if he or she 
4
establishes a residence
outside of the State of Illinois,
is 
5
employed outside of the State of Illinois, or attends school 
6
outside of
the
State of Illinois,
he or she must register in 
7
the new state
within 10 days after establishing the residence, 
8
beginning employment, or
beginning school.  The Court shall 
9
require
the person to read and sign such form as may be 
10
required by the Department of
State Police stating that the 
11
duty to register and the procedure for
registration has been 
12
explained to him or her and that he or she understands
the duty 
13
to register and the procedure for registration.  The Court shall

14
further advise the person in writing that the failure to 
15
register or other
violation of this Article shall result in

16
probation revocation.
The Court shall obtain information about

17
where the person expects to reside, work, and attend school 
18
upon his or
her release, and shall report the
information to 
19
the Department of State Police.  The Court shall
give one copy 
20
of
the form to the person and retain the original in the court 
21
records. The
Department of State
Police shall notify the law 
22
enforcement
agencies having
jurisdiction where the person 
23
expects to reside, work and attend school
upon his or her 
24
release.


25
    (b) Within 15 days of release, the court shall contact the 
26
law enforcement
agency having jurisdiction where the sex 
27
offender or sexual predator has
designated his or
her residence 
28
upon release to verify that the sex offender or sexual predator

29
has complied
with the requirements of registration under this 
30
Act. If the sex offender or
sexual predator
fails to register 
31
as required by this Act, a warrant shall be issued
for the sex 
32
offender's or sexual predator's arrest.


33
(Source: P.A. 91-48, eff. 7-1-99; 92-828, eff. 8-22-02.)